HomeMy WebLinkAboutMINUTES - 11041986 - 2.7 7 , 7/
TO: Board of Supervisors
FROM: Harvey E. Bragdon, Director, Community Development
DATE: October 29 , 1986
SUBJECT: REVIEW OF INDUSTRIAL LAND USE PERMIT ORDINANCE BY
HAZARDOUS MATERIALS COMMISSION
Specific Request(s) or Recommendation(s) & Background & Justification
RECOMMENDED ACTION
DIRECT the Hazardous Materials Commission to review the Land Use Permit
Ordinance for L-1. W-3 , and H-1 Districts (Ordinance No. 86/ ) concern-
ing the points listed below, and to report their findings and recommenda-
tions to the Board of Supervisors.
1. Review the definition of "substantial expansion" for possible revision.
2. Determine the limits of hazardous waste and/or hazardous materials for
new developments or substantial expansions that would preclude exemptions
by the Zoning Administrator.
3 . Develop criteria or limits addressing the possibility of successive
(cumulative) project changes over time. Review the Ordinance to determine
how other recommendations of the Hazardous Waste Task Force can be included
in the Ordinance. Specific attention should be given to Recommendation 13
dealing with the goal of no increase in tonnage; Goal 14, to decrease the
volume and toxicity of hazardous waste; and Goal 15, to reduce by 25
percent the volume and toxicity of hazardous waste committed to land
disposal by 1990 .
FINANCIAL IMPACT
Implementation of the 56 recommendations embodied in the Hazardous Waste
Task Force Report will require the participation of several County depart-
ments. It has not finally been decided which department will provide the
staff support to the Hazardous Materials Commission. Soon after the
organization of the Commission has been completed, the staff assignment
will be made and the financial assistance and appropriations necessary will
be reported to the Board.
l
Continued on attachment: _X_yes Signature:
Recommend of County Administrator omm d o Board Committee
Approve Other:
Signature(s)
Action of Board on: 9 (� Approved as Recommended Other
The Board CONSIDERED and DISCUSSED the various aspects of the proposed ordinance requiring land-use permits in heavy
industrial districts, CONTINUED consideration of same to the December 2, 1986 determination agenda, and REQUESTED
the involved parties, including representatives of labor and industry to get together to formulate wording that is
acceptable to all.
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
nanimous qjG Absent AND ENTERED ON THE MINUTES OF THE
Ayes Noes BOARD OF SUPERVISORS ON DATE SHOWN..
_ Absent Abstain
L7 :HzMtlCom.t10 _ Attested
Orig.Div. •Community Development PHIL BATCHELOR,
cc: ( , ( � CLERK OF THE BOARD, AND
COUNTY ADMINISTRATOR
By
DEPUTY/CLPK
REVIEW OF INDUSTRIAL LAND USE PERMIT ORDINANCE -2- October 29, 1986
BY HAZARDOUS MATERIALS COMMISSION
REASONS FOR RECOMMENDATION/BACKGROUND
The Hazardous Waste Task Force grappled with the issue of the necessity to
require Land Use Permits for new and substantially expanded development
projects and debated the issue in detail. It was the only recommendation
on which the Task Force did not have consensus, and required a specific
vote: Recommendation 56 was finally passed, affirmatively, 9 to 6. It
reads:
"Require Land Use Permits in industrially zoned land for new or substan-
tially expanded development projects which could significantly and adverse-
ly affect public health or the environment and which generates, stores,
transports, treats, or disposes of significant amounts of hazardous wastes
or which stores or transports significant amounts of hazardous materials.
This provision shall not prohibit or preempt compliance by an industry with
Federal or State laws, regulations, rules, orders, nor apply to projects
for which a permit application has been submitted to the appropriate
regulatory agency prior to July 1, 1986."
The Board, in considering the Hazardous Waste Task Force Report, and after
lengthy hearings, took the following action concerning Recommendation 56:
"3 . Approve the concept of a land use review and permit process and refer
Recommendation 56 to the Director of Community Development to outline the
options available to the Board" .
It should be noted here that the Board did not approve Recommendation 56 as
they had approved Numbers 1 through 55 as submitted by the Hazardous Waste
Task Force.
In early August 1986, Supervisor Powers submitted a suggested ordinance to
address one specific part of the Recommendation 56. This submittal was
immediately followed by an ordinance prepared by a group of industrial
representatives. This second proposal was reviewed by an ad hoc committee
of industrialists and representatives from the environmental community
which was designated Draft #1. Draft #1 was submitted to the Board of
Supervisors for their consideration. Out of the first hearing evolved a
number of subsequent drafts, modifications, and revisions. In order to
find sufficient common ground to pass any ordinance, it was necessary for
the Board to agree that certain critical elements of the ordinance needed
continued review and that the ordinance would be subject to early revision.
Out of that agreement, the above points were recognized as needing the
attention of the newly created Hazardous Materials Commission.
It is suggested that the Commission consider these points early in their
agenda so that the recommendations can be returned to the Board of Supervi-
sors for review and perhaps modification of the Ordinance requiring Land
Use Permits in industrially zoned lands.
PEKcI
L7:HzMtlCom.t10